Common use of Program Development Clause in Contracts

Program Development. If the Upper Division States, through the Commission, agree that an Upper Basin Demand Management Program is feasible and pursue development of a program, it must include, at a minimum, the following water conservation, storage and release considerations: a. Water conserved shall only be recognized as part of any Upper Basin Demand Management Program if: i. The source of conserved water is Upper Colorado River System water, or water that has been imported into the Upper Colorado River System from outside the Colorado River System; ii. The water is conserved, stored and released for the specific purpose of helping the Upper Division States assure continued compliance with Article III of the Colorado River Compact; iii. For Upper Colorado River System water, the water must have been beneficially and consumptively used under existing water rights prior to being conserved as part of a Demand Management Program; iv. For Upper Colorado River System water, the water must have been physically available for diversion in the year it was conserved, and would have been beneficially and consumptively used within a state or states of the Upper Division but for the conservation for the benefit of a Demand Management Program; and v. The conserved or Imported Water has arrived at a CRSPA Initial Unit after accounting for any conveyance and associated losses. b. Any conserved water or Imported Water to be stored in a CRSPA Initial Unit for the purposes of an Upper Basin Demand Management Program shall be subject to: i. Assessment of its proportionate share of evaporation during storage; ii. Available Unfilled Storage Capacity; iii. An annual creation limitation at the CRSPA Initial Units combined, which volume shall be determined as part of the feasibility investigation; iv. A maximum combined storage limitation of 500,000 acre-feet at the CRSPA Initial Units; v. Reduction, in any year in which water flows over or through the spillway at ▇▇▇▇ Canyon Dam, by the amount of that flow on an acre-foot for acre- foot basis up to the full amount of water stored under a Demand Management Program; and vi. Annual Verification by the Upper Division States, through the Commission, and the Secretary of the volume of conserved water created, conveyed, and stored at the CRSPA Initial Units. c. Any conserved water stored and released from a CRSPA Initial Unit under a Demand Management Program shall: i. Be accounted for consistent with the provisions in Sections III.B.2.b and this Section III.B.2.c until 2057. ii. Through the year 2057, not be released or cause a different release from Lake ▇▇▇▇▇▇ than would have otherwise occurred under the 2007 Interim Guidelines or post 2026 operational rules. This provision shall survive termination of this Demand Management Storage Agreement through 2057; and iii. Be subject to release from any of the CRSPA Initial Units only at the request of the Commission to help assure continued compliance with Article III of the Colorado River Compact. This provision shall survive termination of this Demand Management Storage Agreement through 2057.

Program Development. If the Upper Division States, through the Commission, agree that an Upper Basin Demand Management Program is feasible and pursue development of a programProgram, it must include, at a minimum, the following water conservation, storage and release considerations: a. Water conserved shall only be recognized as part of any Upper Basin Demand Management Program if: i. The source of conserved water is Upper Colorado River System water, or water that has been imported into the Upper Colorado River System from outside the Colorado River SystemImported Water; ii. The water is conserved, stored and released for the specific purpose of helping the Upper Division States assure continued compliance with Article III of the Colorado River Compact; iii. For Upper Colorado River System water, the water must have been beneficially and consumptively used under existing valid water rights prior to being conserved as part of a an Upper Basin Demand Management Program; iv. For Upper Colorado River System water, the water must have been physically available for diversion in the year it was conserved, and would have been beneficially and consumptively used within a state or states of the Upper Division but for the conservation for the benefit of a an Upper Basin Demand Management Program; and v. The conserved or Imported Water has arrived at a CRSPA Initial Unit after accounting for any conveyance and associated losses. b. Any conserved water or Imported Water to be stored in a CRSPA Initial Unit for the purposes of an Upper Basin Demand Management Program shall be subject to: i. Assessment of its proportionate share of evaporation during storage; ii. Available Unfilled Storage Capacity; iii. An annual creation limitation at the CRSPA Initial Units combined, which volume shall be determined as part of the feasibility investigation; iv. A maximum combined storage limitation of 500,000 acre-feet at the CRSPA Initial Units; v. Reduction, in any year in which water flows over or through the spillway at ▇▇▇▇ Canyon Dam, by the amount of that flow on an acre-foot for acre- acre-foot basis up to the full amount of water stored under a an Upper Basin Demand Management Program; and vi. Annual Verification by the Upper Division States, through the Commission, and the Secretary of the volume of conserved water created, conveyed, and stored at the CRSPA Initial Units. c. Any conserved water stored and released from a CRSPA Initial Unit under a an Upper Basin Demand Management Program shall: i. Be accounted for consistent with the provisions in Sections Section III.B.2.b and this Section III.B.2.c until 2057.; ii. Through the year 2057, not be released or cause a different release from Lake ▇▇▇▇▇▇ than would have otherwise occurred under the 2007 Colorado River Interim Guidelines for Lower Basin Shortages and the Coordinated Operations for Lake ▇▇▇▇▇▇ and Lake ▇▇▇▇ (“2007 Interim Guidelines”) or post 2026 operational rules. This provision shall survive termination of this Demand Management Storage Agreement through 2057; and iii. Be subject to release from any of the CRSPA Initial Units only at the request of the Commission to help assure continued compliance with Article III of the Colorado River Compact. This provision shall survive termination of this Demand Management Storage Agreement through 2057.